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Security Council Resolution 2106

Introduction:

In June 2013 the Security Council unanimously adopted Resolution 2016 (2013) as the sixth resolution on Women, Peace and Security, and the fourth relating to sexual violence in conflict. This resolution builds on many of the previous resolutions on this topic, but also provides more operational detail. For example, this resolution calls for the further deployment of Women Protection Advisors (WPA) in accordance with Resolution 1888 and that these roles are systematically assessed to ensure that the Advisors are appropriately trained and deployed. Resolution 2016 also reiterates that many actors involved, such as the Security Council, parties to armed conflict, and all Member States and United Nations entities, must do more to implement previous mandates and combat impunity for these crimes.

Thanking the Secretary-General for the report of 12 March 2013 (S/2013/149) and taking note of the analysis and recommendations contained therein, but remaining deeply concerned over the slow implementation of important aspects of resolution 1960 (2010) to prevent sexual violence in armed conflict and post- conflict situations and noting as documented in the Secretary-General’s report that sexual violence occurs in such situations throughout the world,

Recognizing the Declaration on Preventing Sexual Violence in Conflict adopted by G8 foreign ministers in London on 11 April 2013, and the commitments it makes in this regard,

Recognizing that consistent and rigorous prosecution of sexual violence crimes as well as national ownership and responsibility in addressing the root causes of sexual violence in armed conflict are central to deterrence and prevention as is challenging the myths that sexual violence in armed conflict is a cultural phenomenon or an inevitable consequence of war or a lesser crime,

Affirming that women’s political, social and economic empowerment, gender equality and the enlistment of men and boys in the effort to combat all forms of violence against women are central to long-term efforts to prevent sexual violence in armed conflict and post-conflict situations; and emphasizing the importance of the full implementation of resolution 1325 (2000) while noting the ongoing work on a set of indicators for the implementation of resolution 1325 (2000) and subsequent resolutions on women and peace and security, and recognizing UN-Women’s efforts in this area,

Noting with concern that sexual violence in armed conflict and post-conflict situations disproportionately affects women and girls, as well as groups that are particularly vulnerable or may be specifically targeted, while also affecting men and boys and those secondarily traumatized as forced witnesses of sexual violence against family members; and emphasizing that acts of sexual violence in such situations not only severely impede the critical contributions of women to society, but also impede durable peace and security as well as sustainable development,

Recognizing that States bear the primary responsibility to respect and ensure the human rights of all persons within their territory and subject to their jurisdiction as provided for by international law; and reaffirming that parties to armed conflict bear the primary responsibility to ensure the protection of civilians,

Reaffirming its respect for the sovereignty, territorial integrity and political independence of all States in accordance with the Charter,

Recalling the inclusion of a range of sexual violence offenses in the Rome Statute of the International Criminal Court (ICC) and the statutes of the ad hoc international criminal tribunals,

Noting the provision in the Arms Trade Treaty that exporting States Parties shall take into account the risk of covered conventional arms or items being used to commit or facilitate serious acts of gender-based violence or serious acts of violence against women and children,

Further recalling that international humanitarian law prohibits rape and other forms of sexual violence,

Recalling the Human Rights Due Diligence Policy on United Nations Support to non-United Nations Security Forces as a tool to enhance compliance with international humanitarian, human rights and refugee law, including to address sexual violence in armed conflict and post-conflict situations,

Having considered the report of the Secretary-General and stressing that the present resolution does not seek to make any legal determination as to whether situations that are referred to in the Secretary-General’s report are or are not armed conflicts within the context of the Geneva Conventions and the Additional Protocols thereto, nor does it prejudge the legal status of non-State parties involved in these situations,

1. Affirms that sexual violence, when used or commissioned as a method or tactic of war or as a part of a widespread or systematic attack against civilian populations, can significantly exacerbate and prolong situations of armed conflict and may impede the restoration of international peace and security; emphasizes in this regard that effective steps to prevent and respond to such acts significantly contribute to the maintenance of international peace and security; and stresses women’s participation as essential to any prevention and protection response;

2. Notes that sexual violence can constitute a crime against humanity or a constitutive act with respect to genocide; further recalls that rape and other forms of serious sexual violence in armed conflict are war crimes; calls upon Member States to comply with their relevant obligations to continue to fight impunity by investigating and prosecuting those subject to their jurisdiction who are responsible for such crimes; encourages Member States to include the full range of crimes of sexual violence in national penal legislation to enable prosecutions for such acts; recognizes that effective investigation and documentation of sexual violence in armed conflict is instrumental both in bringing perpetrators to justice and ensuring access to justice for survivors;

3. Notes that the fight against impunity for the most serious crimes of international concern committed against women and girls has been strengthened through the work of the ICC, ad hoc and mixed tribunals, as well as specialized chambers in national tribunals; reiterates its intention to continue forcefully to fight impunity and uphold accountability with appropriate means;

4. Draws attention to the importance of a comprehensive approach to transitional justice in armed conflict and post-conflict situations, encompassing the full range of judicial and non-judicial measures, as appropriate;

5. Recognizes the need for more systematic monitoring of and attention to sexual violence in armed conflict and post-conflict situations and other women and peace and security commitments in its own work and, in this regard, expresses its intent to employ, as appropriate, all means at its disposal to ensure women’s participation in all aspects of mediation, post-conflict recovery and peacebuilding and to address sexual violence in conflict, including, inter alia, in the establishment and review of peacekeeping and political mandates, public statements, country visits, fact-finding missions, international commissions of inquiry, consultations with regional bodies and in the work of relevant Security Council sanctions committees;

6. Recognizes the need for more timely, objective, accurate and reliable information as a basis for prevention and response and requests the Secretary General and relevant United Nations entities to accelerate the establishment and implementation of monitoring, analysis and reporting arrangements on conflict- related sexual violence, including rape in situations of armed conflict and post- conflict and other situations relevant to the implementation of resolution 1888 (2009), as appropriate, and taking into account the specificity of each country;

7. Calls for the further deployment of Women Protection Advisors (WPA) in accordance with resolution 1888 to facilitate the implementation of Security Council resolutions on women and peace and security and calls upon the Secretary General to ensure that the need for, and the number and roles of WPAs are systematically assessed during the planning and review of each United Nations peacekeeping and political mission, and to ensure that these experts are adequately trained and deployed in a timely manner; and recognizes the role of UN Action against Sexual Violence in Conflict in facilitating coordinated responses of relevant peacekeeping, humanitarian, human rights, political and security actors and emphasizes the need for enhanced coordination, information sharing, analysis, response planning and implementation across these sectors;

8. Recognizes the distinct role of Gender Advisors in ensuring that gender perspectives are mainstreamed in policies, planning and implementation by all mission elements; calls upon the Secretary General to continue to deploy Gender Advisors to the relevant United Nations peacekeeping and political missions as well as humanitarian operations and to ensure comprehensive gender training of all relevant peacekeeping and civilian personnel;

9. Acknowledges the efforts of United Nations entities in ensuring United Nations Commissions of Inquiry in armed conflict and post-conflict situations have, where necessary, sexual and gender-based crimes expertise to accurately document such crimes and encourages all Member States to support these efforts;

10. Reiterates its demand for the complete cessation with immediate effect by all parties to armed conflict of all acts of sexual violence and its call for these parties to make and implement specific time-bound commitments to combat sexual violence, which should include, inter alia, issuance of clear orders through chains of command prohibiting sexual violence and accountability for breaching these orders, the prohibition of sexual violence in Codes of Conduct, military and police field manuals or equivalent and to make and implement specific commitments on timely investigation of alleged abuses; and further calls upon all relevant parties to armed conflict to cooperate in the framework of such commitments, with appropriate United Nations mission personnel who monitor their implementation, and calls upon the parties to designate, as appropriate, a high-level representative responsible for ensuring implementation of such commitments;

11. Emphasizes the important role that can be played by women, civil society, including women’s organizations, and formal and informal community leaders in exerting influence over parties to armed conflict with respect to addressing sexual violence;

12. Reiterates the importance of addressing sexual violence in armed conflict whenever relevant, in mediation efforts, ceasefires and peace agreements; requests the Secretary-General, Member States and regional organizations, where appropriate, to ensure that mediators and envoys, in situations where it is used as a method or tactic of war, or as part of a widespread or systematic attack against civilian populations, engage on sexual violence issues, including with women, civil society, including women’s organizations and survivors of sexual violence, and ensure that such concerns are reflected in specific provisions of peace agreements, including those related to security arrangements and transitional justice mechanisms; urges the inclusion of sexual violence in the definition of acts prohibited by ceasefires and in provisions for ceasefire monitoring; stresses the need for the exclusion of sexual violence crimes from amnesty provisions in the context of conflict resolution processes;

13. Urges existing sanctions committees, where within the scope of the relevant criteria for designation, and consistent with resolution 1960 (2010) to apply targeted sanctions against those who perpetrate and direct sexual violence in conflict; and reiterates its intention, when adopting or renewing targeted sanctions in situations of armed conflict, to consider including, where appropriate, designation criteria pertaining to acts of rape and other forms of serious sexual violence;

14. Recognizes the role of United Nations peacekeeping contingents in preventing sexual violence, and, in this respect, calls for all pre-deployment and in- mission training of troop- and police-contributing country contingents to include training on sexual and gender-based violence, which also takes into account the distinct needs of children; further encourages troop- and police-contributing countries to increase the number of women recruited and deployed in peace operations;

15. Requests the Secretary-General to continue and strengthen efforts to implement the policy of zero tolerance on sexual exploitation and abuse by United Nations personnel and urges concerned Member States to ensure full accountability, including prosecutions, in cases of such conduct involving their nationals;

16. Requests the Secretary-General and relevant United Nations entities to assist national authorities, with the effective participation of women, in addressing sexual violence concerns explicitly in:

(a) disarmament, demobilization and reintegration processes, including, inter alia, by establishing protection mechanisms for women and children in cantonment sites, as well as for civilians in close proximity of cantonment sites and in communities of return, and by offering trauma and reintegration support to women and children formerly associated with armed groups, as well as ex-combatants;

(b) security sector reform processes and arrangements, including through the provision of adequate training for security personnel, encouraging the inclusion of more women in the security sector and effective vetting processes in order to exclude from the security sector those who have perpetrated or are responsible for acts of sexual violence;

(c) justice sector reform initiatives, including through legislative and policy reforms that address sexual violence; training in sexual and gender-based violence of justice and security sector professionals and the inclusion of more women at professional levels in these sectors; and judicial proceedings that take into account the distinct needs and protection of witnesses as well as survivors of sexual violence in armed conflict and post-conflict situations, and their family members;

17. Recognizes that women who have been forcefully abducted into armed groups and armed forces, as well as children, are especially vulnerable to sexual violence in armed conflict and post-conflict situations and as such demands that parties to armed conflict immediately identify and release such persons from their ranks;

18. Encourages concerned Member States to draw upon the expertise of the United Nations Team of Experts established pursuant to resolution 1888 (2009) as appropriate to strengthen the rule of law and the capacity of civilian and military justice systems to address sexual violence in armed conflict and post-conflict situations as part of broader efforts to strengthen institutional safeguards against impunity;

19. Recognizing the importance of providing timely assistance to survivors of sexual violence, urges United Nations entities and donors to provide non-discriminatory and comprehensive health services, including sexual and reproductive health, psychosocial, legal, and livelihood support and other multi-sectoral services for survivors of sexual violence, taking into account the specific needs of persons with disabilities; calls for support to national institutions and local civil society networks in increasing resources and strengthening capacities to provide the above mentioned services to survivors of sexual violence; encourages Member States and donors to support national and international programs that assist victims of sexual violence such as the Trust Fund for Victims established by the Rome Statute and its implementing partners; and requests the relevant United Nations entities to increase allocation of resources for the coordination of gender- based violence response and service provision;

20. Notes the link between sexual violence in armed conflict and post- conflict situations and HIV infection, and the disproportionate burden of HIV and AIDS on women and girls as a persistent obstacle and challenge to gender equality; and urges United Nations entities, Member States and donors to support the development and strengthening of capacities of national health systems and civil society networks in order to provide sustainable assistance to women and girls living with or affected by HIV and AIDS in armed conflict and post-conflict situations;

21. Underlines the important roles that civil society organizations, including women’s organizations, and networks can play in enhancing community-level protection against sexual violence in armed conflict and post-conflict situations and supporting survivors in accessing justice and reparations;

22. Requests that the Secretary-General continue to submit annual reports to the Council on the implementation of women and peace and security resolutions and the present resolution, and to submit his next report by March 2014;

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